Public
Monitoring on “Functioning of OSCPCR” through RTI
OSCPCR ( Odisha State
Commission for Protection of Child Rights ) suffers
from lack of transparency in terms of appointment and disclosure of information about its functioning
and dismal performance in terms of disposal of cases ( exposed under RTI )
Dear friends
Odisha
State Commission for Protection of Child Right s (OSCPCR) was established in
November 2010 under the Commission for Protection of Child Rights Act 2005. The
Act provides for speedy trial of offences against children or of violation of
child rights by the Commission.
To
understand functioning of OSCPCR, multiple RTI Applications were filed to the
PIOs, Department of Women and Child
Development, Govt. of Odisha and office
of OSCPCR seeking information about appointment of Chairman,
procedure followed for appointment,
disposal of cases by Chairman
and each Member of the Commission
and compliance of section 4 (1b) of the RTI Act. The response of the PIO of
OSCPCR is evasive, the information is
incomplete and misleading. Though 3 months passed, the PIO precariously
failed to provide
complete information. It is also very disturbing to note that though 12
years have passed since implementation of RTI Act in the state, OSCPCR is yet
to make sou moto disclosure of information under section 4(1)(b) (c)(d) of the RTI Act. Please visit the link of
website of OSCPCR for reference http://www.oscpcr.nic.in/?q=node/180. The only information provided voluntarily in the website
against 17 types of suo moto disclosure which is mandatory on the part of every public
authority is as follows.
RTI ACT 2005
Appellate authority under RTI ACT, 2005
- Chairperson,
OSCPCR
- PIO
- Secretary, OSCPCR
- APIO
- OSD, OSCPCR
It
shows poor performance of the Commission and blatant violation of RTI Act.
1.
Analysis of information provided by the PIO, WCD
On
RTI query about appointment of Chairman
of OSCPCR, the PIO responded that no advertisement
was issued in respect of seeking applications for the
post of Chairperson. However, the following persons have applied for the post of Chairperson.
a.
Sunanda Satapathy
b.
Snigdha Rani
Panigrahi
c.
Dr. subhashree
Lenka
d.
Sandhyabati
Pradhan
e.
Mamata Samantaray
f.
Pravasini Nanda
g.
Sanjukta Mohanty
h.
Snehanjali
Mohanty
i.
Nibedita Nayak
The Selection
Committee headed by Minister,
W&CD along with two members i.e, Principal Secretary, School and Mass
Education, Commissioner-cum-secretary, WCD
in its meeting held on 9.4.2018 rejected
the application of Nibedita Nayak , as it was unsigned application and
recommended the following 3 names after threadbare discussion
under section 18 of the OSCPCR Act, 2007.
a.
Snehanjali Mohanty
b.
Sandhyabati Pradhan
c.
Snigdha Rani Panigrahi
The
whole procedure of selection of
Chairperson is not transparent ,
as there was no public advertisement seeking
application for the same. Secondly, the
Commission has not mentioned
details of criteria taken up while examining application of candidates ,
reason of rejection and recommendation
of name of the candidates which is very crucial. The whole procedure is arbitrary
and bureaucratic in nature to select the names
as per wishes of the Committee members
or any instruction from the top to
consider particular names. After two months of recommendation, on 27.6.18, the Chief Minister approved name of Sandhyabati
Pradhan as Chairperson. It was basically
a political appointment.
2.
The members of OSCPCR appointed on 19.5.2017 are
as follows.
a.
Ms. Gitanjali
Bastia
b.
Smt. Nibedita
Nayak
c.
Smt. Sunanda
Kumari Pati
d.
Shri Harihar
Nayak
e.
Ms. Mandakini
Kar , appointed on 10.1.2018.
When website of the Commission ( who is who) was
visited to verify the above information, it was observed another
name Ms. Dibyaa Saswati as another
member in the Commission.
We could not understand why
such jumbo ( so many persons) has been appointed in the
Commission. Was it required as per law
or to ensure a vibrant high
profile body to check rampant violation of child rights, child torture under
Nabin Patnaik Govt. or rehabilitate
protégé of Ruling party . In
no Commission ( may be Information
Commission, Disable Commission, Human Rights Commission ) , such a large number of people have been appointed as member.
3. Let us examine how they have really performed. As the primary function of the Commission is to
hear and dispose the complaint cases of violation of child
rights, RTI Application was filed
seeking information about number
of cases registered , cases heard and disposed by chairperson and each member of the Commission ( year-wise). The PIO could not supply number of cases heard and disposed by each
member of the Commission. When Bhawani
Nanda, RTI Applicant inspected their records
by visiting the office, he
observed that the files are not duly catalogued
and indexed nor maintained in proper form. Records have not been
computerized. This is in gross violation of Section 4 (1) (a) of the
RTI Act. It is also interesting
to note that he was told that the
computerization of records just started
and they have entered data for the year 2017 which is still
incomplete. It is clear
that the Commission has not yet
paid any attention for proper maintenance of records for public information
nor there is anything disclosed under section 4(1)(b) in their web site.
4. Cases received
and disposed by the OSCPCR (
YEAR-WISE)
|
Year
|
Number
of complaints received
|
No. of
complaints decided
|
|
2015-2016
|
444
|
224
|
|
2016-2017
|
357
|
187
|
|
2017-2018
|
346
|
141
|
|
Total
|
1147
|
552
|
|
|
|
|
Despite presence of so many members, the rate
of disposal of cases is around 50 %. During 2017-18, 5 members who were appointed have just disposed 141 cases. It
means each member has disposed 28
cases ( 2 cases disposed in a month). Each members
takes monthly honourarium of Rs. 25,000
+ Rs. 5000 as house rent. While 6 members-OSCPCR dispose
only 141 cases in a year, Odisha
Chief Information Commissioner disposes more than 1000 cases in a year. But the performance of Sashi Prava
Bandhi, State Information Commissioner is more or less same that of members of OSCPCR. Their performance
is very dismal and discouraging. As complete information was denied, it was very difficult to analyze
their overall performance as member of the Commission. Information
about suo moto cases taken up
and disposed, monitoring by OSCPCR , visit of the members to areas of violation of child rights was denied
to the Information-seekers.
5.
No publication of Annual Reports
Since
2014-15, OSCPCR has not published its
annual report, which is mandatory under
the law. This is really very bad performance of the previous chairperson and members of the
Commission.
6.
I cite
herewith an example how effort of the Commission is not praiseworthy in respect of
protection of child rights.
On
7.5.18, I filed a complaint to OSCPCR
about missing of a Bonda boy ( tribal child) from KISS School , Patia,
Bhubaneswar. On 8.5.18, the Commission
issued notice to different opposite parties including Head
of KISS, Bhubaneswar. Though inquiry
report has been submitted by DCPO and SP, Malkangiri, the head of
KISS does not care to respond the direction of the Commission. Though OSCPCR issued tow reminders on 7.6.18 and 1.8.18, the KISS authority is still not responding. The Commission also could not take legal step against KISS.
This is the performance of highly
empowered body mandated to protect the right of children.
Pradip Pradhan, RTI Activist
M-9937843482
Date- 22.9.18
